2022 Georgia Code
Title 51 - Torts
Chapter 12 - Damages
Article 1 - General Provisions
§ 51-12-11. Mitigation of Damages Required; Exception
When a person is injured by the negligence of another, he must mitigate his damages as far as is practicable by the use of ordinary care and diligence. However, this duty to mitigate does not apply in cases of positive and continuous torts.
History. Civil Code 1895, § 3802; Civil Code 1910, § 4398; Code 1933, § 105-2014.
History of Code section.
The language of this Code section is derived in part from the decisions in Athens Mfg. Co. v. Rucker, 80 Ga. 291 , 4 S.E. 885 (1887); Satterfield v. Rowan, 83 Ga. 187 , 9 S.E. 677 (1889); Western Union Tel. Co. v. Reid Bros., 83 Ga. 401 , 10 S.E. 919 (1889); and Georgia R.R. & Banking Co. v. Eskew, 86 Ga. 641 , 12 S.E. 1061 (1891).
Law reviews.
For annual survey of wills, trusts, guardianships, and fiduciary administration, see 58 Mercer L. Rev. 423 (2006).
